5-12-140  Rental agreement.
   Except as otherwise specifically provided by this chapter, no rental agreement may provide that the landlord or tenant:
   (a)   Agrees to waive or forego rights, remedies or obligations provided under this chapter;
   (b)   Authorizes any person to confess judgment on a claim arising out of the rental agreement;
   (c)   Agrees to the limitation of any liability of the landlord or tenant arising under law;
   (d)   Agrees to waive any written termination of tenancy notice or manner of service thereof provided under state law or this chapter;
   (e)   Agrees to waive the right of any party to a trial by jury;
   (f)   Agrees that in the event of a lawsuit arising out of the tenancy the tenant will pay the landlord's attorney's fees except as provided for by court rules, statute, or ordinance;
   (g)   Agrees that either party may cancel or terminate a rental agreement at a different time or within a shorter time period than the other party, unless such provision is disclosed in a separate written notice;
   (h)   Agrees that a tenant shall pay a charge, fee or penalty in excess of $10.00 per month for the first $500.00 in monthly rent plus five percent per month for any amount in excess of $500.00 in monthly rent for the late payment of rent;
   (i)   Agrees that, if a tenant pays rent before a specified date or within a specified time period in the month, the tenant shall receive a discount or reduction in the rental amount in excess of $10.00 per month for the first $500.00 in monthly rent plus five percent per month for any amount in excess of $500.00 in monthly rent.
   A provision prohibited by this section included in a rental agreement is unenforceable. The tenant may recover actual damages sustained by the tenant because of the enforcement of a prohibited provision. If the landlord attempts to enforce a provision in a rental agreement prohibited by this section the tenant may recover two months' rent.
(Prior code § 193.1-14; Added Coun. J. 9-8-86, p. 33771; Corrected. 9-12-86, p. 33919; Amend Coun. J. 11-6-91, p. 7196)